Cota de gênero eleitoral: uma análise à legislação que instituiu a política afirmativa na disputa eleitoral e o fenômeno de candidaturas fictícias femininas

Abstract

The Brazilian legal system establishes, in the electoral dispute system, that political parties must complete the list of candidates with respect to the percentage of gender quotas currently established in Laws nº 9,504/1997 and nº 12,034/2009. The measure invests in aiding the inclusion of the female collective in national politics in municipal, state and federal positions. This work aims, at first, to contextualize the institute of electoral gender quotas, traversing a timeline to the current configuration established by Law 12.034/2009, which defined the compulsory reserve of at least 30% and a maximum of 70% for candidacies of each sex. And in this context, to analyze how the scientific literature describes the phenomenon of female fictional candidacies, followed by the analysis of Bill 1256/2019 by Senator Angelo Coronel de Azevedo Martins, which designed the eradication of this affirmative electoral action from the perspective of candidacies fictitious. In the end, this work goes through the legal actions instrumented to discuss the transgression of the norm of art. 10, § 3, of Law nº 9.504/97, as well as, in the study of the monocratic decisions of the 35th Electoral Zone of Aragarças-GO.